How to capture vacation time?Urgent!!

M

mehta.rm

New Member
hi,

My H1-B six year limit expires on March 05,2005 .The LC was filed on March 03,2004 and hence there is a very small window to file for the seventh year extension. I have an option to reclaim approximately 8 months from the six year limit as I was outside US with one of the periods of 5 months.

I have read on this forum that application for getting the vacation time may be rejected .Can someone please tell me what extra documets are required in addition to the following.

Passport copies indicating the dates when I left my home country to enter US.(stamping done in my home country)
Passport Copies indicating the dates when I entered United States(stamping done in US)
Passport Copies indicating the dates When I left US and reached my home country
(stamping done in my home country)

I assume that US authorities don't put a stamp when someone leaves US shores .

Please let me know what extra information needs to be provided for this kind of application.any info will be highly appreciated
 
mehta.rm said:
hi,

My H1-B six year limit expires on March 05,2005 .The LC was filed on March 03,2004 and hence there is a very small window to file for the seventh year extension. I have an option to reclaim approximately 8 months from the six year limit as I was outside US with one of the periods of 5 months.
--- Mehta Ji, you can recapture that time, need good lawyer who can write a good cover letter with evidence of your exits or entry to US with passport pages
I have read on this forum that application for getting the vacation time may be rejected .
--- if not filed correctly or not argued correctly by lawyer on cover letter and if evidence is not attached
Can someone please tell me what extra documets are required in addition to the following.

Passport copies indicating the dates when I left my home country to enter US.(stamping done in my home country)
---- that is OK
Passport Copies indicating the dates when I entered United States(stamping done in US)
----That is OK
Passport Copies indicating the dates When I left US and reached my home country
(stamping done in my home country)
---- that is OK and it is enough, make a Sheet with date you came to US and dates you entered India ( write the passport copy page to see the entry or exit date, like " please see page 1 for entry to US page 1 entry to US like that, so that it becomes easy to understand your exit/entry dates and officer can refer to particular page#)

I assume that US authorities don't put a stamp when someone leaves US shores .
--- you are correct Mehta ji
Please let me know what extra information needs to be provided for this kind of application.
--Good Lawyer
any info will be highly appreciated
Click to expand...
 
Hi, I am in a similar situation as you are, but only worse. My h1 expires dec 04 and lc was filled feb 04, so I need to buy 2 months with my vacation.
What my lawyer said is he will file at the last minute,(2 days before expiry) and that makes me eligible to continue. If they process my application for 2 months and reach the 1 year LC date, regardless of outcome I am fine.
I have a question for you, your 5 months off were paid or unpaid? Do you know what consitutes "meaningful interruption to H1 status", I've been told by many vacations don't count. Appreciate if anyone could answer.
 
thanks for the info ...My 5 months vacation was unpaid ...Does it matter?

Actually I was working for company A and then left the job and came on company B's H1-B?
 
Here is some info to calculate:

a)Your 6 year H1 clock starts on the day 1 you have enterd into US but not the H1 stamp or 1st H1 Notice. That will show on your PP by US immigration stamp.

b) While leaving, there is no US stamp, but most countires will stamp on PP at arrival (home country or any other country) stamp, means you have left US.

c) Again, when you enter into US, you will get another entery stamp.


d) The difference between (d) and (c) is your vacation time and can be show the proof wih copies of the arrival/daparture stamps on PP.

e) Calculate as many as vacations from the above and for the total time, you can seek extension.

f) Can use vacation time is irrespective of paid or not paid.

Hope this will help some people.
One of my friends used vacation time and extended for just 3 months. It will work.

______________
I am not a law
 
mehta.rm said:
thanks for the info ...My 5 months vacation was unpaid ...Does it matter?

Actually I was working for company A and then left the job and came on company B's H1-B?
Click to expand...

USCIS will require you to show that your stay "meaningfully interrupted". Due to this amorphous standard, and the attitude USCIS has taken recently regarding all immigration benefits (they deny if they can) I would avoid seeking to reclaim the time and just prepare to file for a 7th year extension in the small window that you have.

Jim
 
parulkarg said:
Hi, I am in a similar situation as you are, but only worse. My h1 expires dec 04 and lc was filled feb 04, so I need to buy 2 months with my vacation.
What my lawyer said is he will file at the last minute,(2 days before expiry) and that makes me eligible to continue. If they process my application for 2 months and reach the 1 year LC date, regardless of outcome I am fine.
I have a question for you, your 5 months off were paid or unpaid? Do you know what consitutes "meaningful interruption to H1 status", I've been told by many vacations don't count. Appreciate if anyone could answer.
Click to expand...

I disagree. USCIS has made it clear that they will not approve a "bridge" case like this. Using USCIS processing delays for your benefit seems to upset them. There is no definition that I know of of the "meaningfully interruptive" standard. You have not choice though since it is impossible to go back and file the LC sooner. Remember though, the 6 year clock starts when you first enter the US on H status, not when the petition is approved or when the consulate issues the visa. It sometimes makes a BIG difference.
 
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